BILL NUMBER: AB 1413	CHAPTERED  09/03/99

	CHAPTER   320
	FILED WITH SECRETARY OF STATE   SEPTEMBER 3, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 3, 1999
	PASSED THE ASSEMBLY   AUGUST 23, 1999
	PASSED THE SENATE   AUGUST 19, 1999
	AMENDED IN SENATE   JUNE 22, 1999
	AMENDED IN ASSEMBLY   APRIL 13, 1999

INTRODUCED BY   Assembly Member Shelley

                        FEBRUARY 26, 1999

   An act to add and repeal Section 5408.7 of the Business and
Professions Code, relating to outdoor advertising.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1413, Shelley.  Highways:  outdoor advertising.
   The Outdoor Advertising Act regulates the placement of advertising
adjacent to and within specified distances of highways that are part
of the national system of interstate and defense highways and
federal aid highways including prohibiting the placement of
advertising displays adjacent to, or within specified distances of,
those highways without a permit, as prescribed.
   This bill would exempt from that prohibition advertising displays
located in the City and County of San Francisco on street furniture,
as defined, if the advertising display meets specified conditions,
and would require the city and county to provide indemnity to the
state against any liability with regard to the placement of the
advertising display, as specified.  The bill would include a related
statement of legislative intent.
   The bill would require that its provisions become inoperative not
later than 60 days from the date the Director of Transportation
receives notice from the federal Secretary of Transportation that
future operation of those provisions will result in a reduction of
the state's share of federal highway funds pursuant to a specified
provision of federal law.  The bill would require the director, upon
receipt of the specified notice, to notify in writing the Secretary
of State and the City and County of San Francisco of that receipt.
The provisions of the bill would be repealed on January 1 immediately
following the date that the Secretary of State receives the
specified notice from the director.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 5408.7 is added to the Business and Professions
Code, to read:
   5408.7.  (a) It is the intent of the Legislature that this section
shall not serve as a precedent for other changes to the law
regarding outdoor advertising displays on, or adjacent to, highways.
The Legislature recognizes that the streets in the City and County
of San Francisco that are designated as state or federal highways are
unique in that they are also streets with street lights, sidewalks,
and many of the other features of busy urban streets.  At the same
time, these streets double as a way, and often the only way, for
people to move through the city and county from one boundary to
another.  The Legislature recognizes the particular topography of the
City and County of San Francisco, the popularity of the area as a
tourist destination, the high level of foot traffic, and the unique
design of its highways.
   (b) For purposes of this section, "street furniture" is any kiosk,
trash receptacle, bench, public toilet, news rack, or public
telephone placed on, or adjacent to, a street designated as a state
or federal highway.
   (c) In addition to the advertising displays permitted by Sections
5405, 5408, and 5408.5, advertising displays located on street
furniture may be placed on, or adjacent to, any street designated as
a state or federal highway within the jurisdiction of a city and
county, subject to all of the following conditions:
   (1) The advertising display meets the traffic safety standards of
the city and county.  These standards may include provisions
requiring a finding and certification by an appropriate official of
the city and county that the proposed advertising display does not
constitute a hazard to traffic.
   (2) Any advertising display that is within 660 feet of, and
visible from, any street designated as a state or federal highway
shall be consistent with federal law and regulations.
   (3) Advertising displays on street furniture shall be placed in
accordance with a permit or agreement with the city and county.
   (4) Advertising displays on street furniture shall not extend
beyond the exterior limits of the street furniture.
   (d) Advertising displays placed on street furniture pursuant to a
permit or agreement with the city and county shall not be subject to
the state permit requirements of Article 6 (commencing with Section
5350).  This subdivision does not affect the authority of the state
to enforce compliance with federal law and regulations, as required
by paragraph (2) of subdivision (c).
   (e) (1) The city and county shall, upon written notice of any suit
or claim of liability against the state for any injury arising out
of the placement of an advertising display approved by the city and
county pursuant to subdivision (c), defend the state against the
claim and provide indemnity to the state against any liability on the
suit or claim.
   (2) For the purposes of this subdivision, "indemnity" has the same
meaning as defined in Section 2772 of the Civil Code.
   (f) (1) This section shall become inoperative not later than 60
days from the date the director receives notice from the United
States Secretary of Transportation that future operation of this
section will result in a reduction of the state's share of federal
highway funds pursuant to Section 131 of Title 23 of the United
States Code.
   (2) Upon receipt of the notice described in paragraph (1), the
director shall notify in writing the Secretary of State and the City
and County of San Francisco of that receipt.
   (3) This section shall be repealed on January 1 immediately
following the date the Secretary of State receives the notice
required under paragraph (2).
  SEC. 2.  The Legislature finds and declares that a special statute
is necessary and that a general statute cannot be made applicable,
within the meaning of Section 16 of Article IV of the California
Constitution, because of the unique circumstances in the City and
County of San Francisco, including the city and county's particular
topography, the area's popularity as a tourist destination, and the
unique design of the city and county's highways.
